Customer Outcomes & Treating Customers Fairly (TCF) Policy
1. Purpose
Kimaya Capital is committed to delivering fair, transparent and appropriate outcomes for all customers.While Kimaya Capital is not authorised or regulated by the Financial Conduct Authority (FCA), we voluntarily adopt and are guided by FCA principles and best practice, including:Treating Customers Fairly (TCF)Consumer Duty (Principle 12)PRIN 2A – Delivering good outcomes for retail customers FCA Reference:
https://www.fca.org.uk/firms/consumer-dutyOur objective is to ensure customers receive products and services that are suitable, clearly explained, and aligned with their needs. 2. Our Commitment to Fair Customer Outcomes
We aim to ensure that all customers: Are treated fairly and consistentlyReceive clear, transparent and not misleading informationAre provided with products that are appropriate for their needsUnderstand the risks and obligations involvedAre supported throughout the transaction process Do not face unreasonable barriers to progressing or exiting a transaction
3. The Six TCF Outcomes
Kimaya Capital aligns its approach with the FCA’s six TCF outcomes:
Outcome 1 – Fair Treatment Embedded
Customers can be confident that fair treatment is central to our business culture.
Outcome 2 – Products Designed to Meet Needs
Products and services are structured with the customer’s objectives in mind.
Outcome 3 – Clear Information
Customers receive clear, fair and not misleading information before, during and after engagement.
Outcome 4 – Suitable Advice / Support
Where we provide guidance (on a non-advised basis), we take reasonable steps to ensure customers understand product suitability.
Outcome 5 – Products Perform as Expected
Products perform in line with expectations set at the outset.
Outcome 6 – No Unreasonable Barriers
Customers do not face unreasonable barriers to:Making enquiriesReceiving informationProgressing transactionsExiting arrangements
4. Consumer Duty – Delivering Good Outcomes
Kimaya Capital adopts the principles of Consumer Duty by focusing on:
Good faith – acting honestly and transparently
Avoiding foreseeable harm – identifying risks early
Enabling informed decisions – ensuring customer understanding
We consider outcomes across:
Product design
Customer communications
Customer support
Ongoing engagement
5. Our Business Model & Scope
Kimaya Capital operates within the unregulated bridging finance and property lending market.
We: Act as an introducer and facilitator of finance
Do not provide regulated financial advice
Do not act as a lender unless explicitly stated
Customers are responsible for obtaining independent legal and financial advice where required.
6. Clear Communication
We are committed to ensuring all communications are: Clear and easy to understandTransparent and not misleadingProvided in a timely mannerAppropriate to the customer’s level of understandingWe avoid unnecessary jargon and ensure key risks are clearly highlighted.
7. Product Understanding & Risk Disclosure
We take reasonable steps to ensure customers understand:The nature of bridging finance Associated costs (including interest and fees)The importance of a clear exit strategyThe risks of non-repayment, including repossession We will not proceed where we reasonably believe the customer does not understand the risks.
8. Suitability & Customer Responsibility
We aim to ensure that products are appropriate based on the information provided. However, customers are responsible for: Providing accurate and complete informationDisclosing any relevant financial or personal circumstancesEnsuring the product aligns with their objectivesFailure to provide full information may impact our ability to assess suitability and deliver appropriate outcomes.
9. Vulnerable Customers
Kimaya Capital recognises that some customers may be vulnerable and may require additional support.We apply our Vulnerable Customer Policy to:
Identify vulnerability
Provide additional support where required
Ensure fair outcomes are maintained
10. Staff Training & Culture
We promote a culture where:
Fair treatment of customers is prioritised
Staff are trained to communicate clearly and responsibly
Decisions are made in the best interests of the customer
All relevant staff receive training aligned with these principles.
11. Monitoring & Continuous Improvement
We monitor customer outcomes through:
Internal reviews of transactions
Customer feedbackComplaint analysis
Ongoing process improvements
We take action where outcomes fall below expected standards.
12. Complaints
Customers who are dissatisfied may raise a complaint with Kimaya Capital.
As Kimaya Capital is not FCA regulated, complaints may not fall under the jurisdiction of the Financial Ombudsman Service.
13. Contact
Vulnerable Customer Policy
1. Our Commitment
Kimaya Capital is committed to treating all customers fairly, with particular care given to those in vulnerable circumstances.
While Kimaya Capital is not authorised or regulated by the Financial Conduct Authority (FCA), we voluntarily adopt and are guided by FCA principles and best practice, including:
Consumer Duty (Principle 12)PRIN 2A – Delivering good outcomes for retail customers
FCA Guidance on the fair treatment of vulnerable customers
Our aim is to ensure that all customers, including those in vulnerable circumstances, receive fair, transparent and appropriate outcomes.
2. Definition of a Vulnerable Customer
We adopt the FCA definition of a vulnerable customer:
Someone who, due to their personal circumstances, is especially susceptible to harm, particularly when a firm is not acting with appropriate levels of care
Vulnerability may be temporary, permanent, or fluctuating, and may not always be visible.
3. Understanding Drivers of Vulnerability
Vulnerability may arise from:
Health – physical or mental health conditions
Life Events – bereavement, redundancy, relationship breakdown
Financial Resilience – limited income, high debt, low savings
Capability – low financial literacy, language or digital barriersThese factors may impact a customer’s ability to understand or engage with financial decisions.
4. Shared Responsibility & Customer Disclosure
Kimaya Capital takes reasonable steps to identify and support vulnerable customers. However, effective support relies on customers being open and forthcoming about their circumstances.
We strongly encourage customers to:
Disclose any personal circumstances that may affect their decision-making
Notify us of any changes during a transaction
Ask questions where anything is unclear
Failure to disclose relevant information may limit our ability to:
Assess whether a product is appropriate
Provide tailored support
Ensure the best possible outcome
All disclosures are handled sensitively and confidentially.
5. Our Approach
We aim to apply fair and consistent treatment across all customers, with additional care where vulnerability is identified.
This includes:
Clear, transparent communication
Taking reasonable steps to ensure understanding
Allowing additional time where required
Avoiding undue pressure
Adapting our approach where appropriate
6. Identifying Vulnerability
We may identify vulnerability through:
Customer disclosure
Behavioural indicators (confusion, distress, repeated questions)
Information provided during the application process
Third-party involvement (e.g. solicitor, family member)
Our team is trained to recognise potential indicators of vulnerability.
7. Supporting Vulnerable Customers
Where vulnerability is identified, we take proportionate steps to support the customer, including:
Communication
Clear and simple explanations
Reconfirmation of key risks and obligations
Additional time for decision-making
Process
Slowing the process where appropriate
Offering alternative communication methods
Encouraging involvement of a trusted third party
Understanding
Ensuring customers understand:
The product structure
Their obligations
The risks involved
8. Product Suitability & Risk Awareness
Kimaya Capital specialises in unregulated bridging finance and short-term property lending.
These products are:
Short-term in nature,
Require a clear and credible exit strategy
May involve higher costs than long-term finance
Are secured against property, meaning failure to repay may result in repossession
We will not proceed where we reasonably believe:
The customer does not understand the risks
The product is clearly unsuitable
Kimaya Capital does not provide advice to clients or regulated financial advice.
9. Referrals
Where we believe a regulated product may be more appropriate, we may introduce the customer to a firm that is authorised and regulated by the Financial Conduct Authority.
Such referrals are made on an introductory basis only, and Kimaya Capital accepts no responsibility for the advice, products, or services provided by third parties.
10. Staff Training & Competence
All relevant staff receive training to: Recognise vulnerability Communicate clearly and sensitively Apply this policy appropriately.
11. Data Protection & Confidentiality
Information relating to vulnerability is treated as sensitive and handled in accordance with: UK GDPR Data Protection Act 2018
12. Monitoring & Continuous Improvement
Kimaya Capital reviews its approach to ensure fair customer outcomes, including:
Internal review of customer interactions
Complaint monitoring
Ongoing policy updates
13. Customer Rights
Customers who are dissatisfied with our service may raise a complaint directly with Kimaya Capital.
As Kimaya Capital is not FCA regulated, complaints may not fall within the jurisdiction of the Financial Ombudsman Service.
14. Contact
If you require additional support or wish to disclose any circumstances, please contact:
Important Information
Kimaya Capital operates within the unregulated bridging finance market. Bridging loans are secured against property. Your property may be repossessed if you do not keep up with repayments. These products are designed for short-term use and require a clear exit strategy
